Across our client base, we have been witnessing an apparent uptick in incidents of bad behavior by community association owners and residents. Here are some examples: Read the article………………………..
Handling Sensitive Complaints in Co-ops & Condos: Sex, Smells, & Nuisances
Conflict comes hand-in-hand with living in close quarters—and condominium and cooperative living is a prime example. Most dust-ups between neighbors involve run-of-the-mill issues like noise or hallway clutter, and can be settled with a cordial conversation between the parties involved—or with a mild nudge from the manager or board. Read the article………………………..
Take It to the Board: Combatting Growing Hate Crimes Inside Community Associations (FL)
Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it. Listen to the podcast………………………..
Condo Owners Want More Power To Fight Their Homeowners Boards (HI)
As the Hawaii Legislature prepares for the 2023 session, scheduled to begin Jan. 18, a loose association of condominium owners is joining forces with a longtime advocacy organization to push to make Hawaii one of roughly half a dozen states in the U.S. with a third-party ombudsman to help settle condo disputes. Read the article………………………..
Safe harbors: Community associations built to be places of open discussion and respect
As mounting gun violence across the U.S. continues to alarm the public, community association experts urge everyone to remember that homeowners associations, condominiums, and cooperatives—neighborhoods millions of Americans call home—are places of tolerance, open discussion, and respect. Read the article………………………..
Upset Community Association Members? Here’s What to Do (NC)
Board members often face complaints from property owners about things that aren’t against the community’s rules. This can be difficult for the board to handle because they may not be able to help resolve the issue. In this blog post, we will discuss some things board members can do when they receive complaints about something […]
Florida Appellate Court Enforces Rules on Mediated Settlement Agreements
In November, the Second DCA refused to enforce a mediated settlement agreement that, although signed by the attorneys for both parties to the agreement, was not signed by either of their clients—Parkland Condo. Ass’n v. Henderson, ___ So. 3d ___, 2022 WL 16954010 (Fla. 2d DCA Nov. 16, 2022). Read the article………………………..
HOA Board Conflict: Can An HOA Management Company Intervene?
Every now and then, an HOA board conflict will arise. When that happens, what should the HOA management company do? Should the company even intervene in the first place? Read the article………………………..
Community Associations May Have a Duty to Address Neighbor-to-Neighbor Discrimination
Community associations have historically been able to stay largely uninvolved in neighbor-to-neighbor disputes unless the conduct complained of violated the governing documents of the association. If no governing documents were being violated, the neighbors would be expected to work out the issues among themselves. Now, there is an important step for association boards and managers […]
Should You Enforce An HOA Anti-Harassment Policy?
Homeowners associations are responsible for the operations of their communities. But, does that include the responsibility to step in when harassment occurs? Is an HOA anti-harassment policy mandatory? Read the article………………………..
What Is An Alternative Dispute Resolution? (CA)
An alternative dispute resolution is a way for homeowners association members to resolve conflicts without going through the traditional legal system. This can include mediation, arbitration, or collaborative law, often resulting in a quicker and less costly resolution for all parties involved. Read the article………………………..
Options for Dispute Resolution in Condominium Associations (FL)
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Is Your Association Required to Confront the Bully?
These days, it seems like there’s no such thing as a minor disagreement. Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination. Read the article………………………..
Manager’s Advice: How to Keep Calm & In Control When Board Meetings Become Tense
HOA Dilemma: How to Keep Calm & In Control When Board Meetings Become Tense Read the article………………………..
Minding mental illness: Solving community conflict that involves psychological disorders
At a time of continuing economic and social unease, how should community association board members and managers confront mental illness issues? Sometimes, community conflict is unavoidable and associations must take action to avoid liability while honoring its obligations. Read the article………………………..
A Primer on Mediation in North Carolina’s State and Federal Courts
Litigation is costly, both in time and money. Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit. Read the article………………………..
In Co-op and Condo Disputes, Mediation Beats Litigation (NY)
Going to court over a nuisance issue is time-consuming and expensive. You recently dealt with a Manhattan co-op that handled a noise dispute in a different way. Read the article………………………..
Real estate agents urge more options for HOA disputes (TX)
A homeowner association can be a big plus when choosing to purchase a home, but it also can come with a serious downside. Lawmakers passed a massive overhaul of homeowner associations last session in Senate Bill 1588. The law, which went into effect a year ago, required homeowner associations to register with the state, and […]
Why HOA Rules Inspire Such Bitter Fights Around KC (MO)
A bitter fight over stormwater management and a duck pond shows what can go wrong with HOA covenants, which an expert calls “some of the strongest documents in our legal system.” Read the article………………………..
Most Common Issues that Lead to HOA Litigation in Arizona
HOA litigation might not be as common as other types of business litigation, but claims against a homeowners association or planned community can be expensive and prolonged. They can become a central focus for the board of directors and divisive for the community. Our firm has represented hundreds of associations and planned communities in Arizona […]
Issues that often lead to a dispute with an HOA (FL)
The intent of a homeowners’ association is to manage certain aspects of a community, such as the maintenance of common areas, as well as protect the values of the homes in the community. While there are many benefits to an HOA, there may be times when the responsibilities and power of this governing body conflict […]
Options for Dispute Resolution in Condominium Associations (FL)
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Issues that often lead to a dispute with an HOA (FL)
The intent of a homeowners’ association is to manage certain aspects of a community, such as the maintenance of common areas, as well as protect the values of the homes in the community. While there are many benefits to an HOA, there may be times when the responsibilities and power of this governing body conflict […]
Condo’s claims against insurer must be arbitrated: State high court (NJ)
The New Jersey Supreme Court partially overturned a state appeals court on Monday and held that a condominium can pursue claims against an insurer of allegedly insolvent policyholders, but they must be arbitrated. Read the article………………………..
Managing Conflict: When Boards & Residents Take Sides
One of the unique aspects of life in an HOA, condo, or co-op is that in many ways, a building or association is a microcosm of the larger world outside it. It can suffer from the same factionalism and partisan bickering as any political entity, only on a much smaller, more intimate—and therefore potentially more […]
Disputes in Community Associations: Arbitration, Mediation, or Litigation? (FL)
Disputes within community associations were originally treated like other civil disputes, requiring litigation when the parties could not agree. The law evolved to now require certain types of “alternate dispute resolutions” for community associations before the parties head to court Read the article……………..
HOAs can be sued: proceed with caution
First, this article is not to be taken as legal advice Limitations on the length of this article preclude addressing exceptions and minutia in legal issues. It is meant to represent a high level understanding of what can result when a homeowner(s) sues an HOA. Read the entire article……………………………….
How To Apply The HOA Alternative Dispute Resolution Approach
Homeowners associations are not immune to the occasional dispute. During these times, it is necessary for HOA boards to know how to proceed. This is where HOA alternative dispute resolution comes in. Read the entire article……………………………….
Dealing With Conflict in Co-ops & Condos – Noise, Odors, & Leaks: Oh My!
Even before the pandemic and social unrest of the last few years, interpersonal conflict and outright hostility often surfaced in the co-op and condo environment, forcing boards and managers to deal with both legitimate grievances and conflicts that are sometimes less than rational. Whether a conflict arises between neighbors, between residents and management, or between […]
Conflict Resolution Strategies for Homeowners Associations
Differences of opinion are bound to happen when boards try to govern their property, even within the best community associations. When it comes to major community management decisions, in particular unpopular ones like increasing HOA dues, tempers often flair among residents and board members alike. Read the entire article……………………………….
How to Address Bad Homeowner Behavior
A homeowner became disruptive at our annual meeting after repeatedly being told that he was out of order, and he was asked to leave. How should the board follow up so that he does not repeat this type of behavior? Read the entire article……………………………….
HOA Liability for Neighbor-to-Neighbor Disputes & Harassment (CA)
It is never pleasing to see how your neighbors have disputes with each other. This not only disturbs the comfort and peace of the community but also creates an overall tense atmosphere. The case is especially true for residents within the area of the homeowner’s association (HOA). Read the entire article……………………………….
In Colorado, taking HOAs to court can be costly, time-consuming
Fighting a homeowners association (HOA) in Colorado can be an expensive and time-consuming process- something Kathleen Kryczka found out first-hand when she sued the Steelyards Condominium Association last year. Read the entire article……………………………….
Homeowner’s behavior borders on harassment (NV)
Q: Our 15-home community has been peaceful. Then there was an exchange of words between the homeowners association president and one homeowner. In the past six months, I have received numerous texts, calls and emails from the affronted homeowner implying, malfeasance, misuse of funds, poor decision making on the part of our HOA board. Read […]
A Revolt! Tips to Prevent Owner Insurrections! (NC)
The terms “coup” and “insurrection” are making their way into everyday conversation as of late. We hear about it on the news, but what happens when your community association experiences a similar situation? Meaning, what happens when your HOA or condominium board of directors is the target of an overthrow by the members of the […]
How to Resolve Conflicts in a Positive Way (TN)
Community is a wonderful thing. But when groups of people live near each other, some conflict is inevitable. Often conflicts occur over small things. Other conflicts may be about big things. Whether big or small, it is important to resolve conflicts as quickly and positively as possible. Proactively addressing conflict will position the community for […]
Resolving HOA disputes in Maryland
Living in a community with a Homeowners Association (HOA) in Maryland can be wonderful – until there is a dispute. Then, it can feel like living in a dictatorship. If you are having trouble resolving an HOA dispute, don’t worry – you are not alone. Here’s the ultimate guide to resolving HOA disputes, covering everything […]
Homeowner’s Lawsuit Against HOA for Libel, Defamation Illustrates Dangers of Conflicts Getting Personal (FL)
When disagreements and disputes arise amongst those who serve on community association boards of directors, emotions can run high in light of the impactful nature of the decisions made by such directors. However, as association directors are duty bound to act in the best interests of their community and its owners, they should seek to […]
East Village Co-op Board Fails to Evict “Neighbor From Hell” (NY)
Ever since the Court of Appeals of New York issued its landmark Levandusky decision in 1990, co-op and condo boards have been protected by the sturdy armor of the business judgment rule. It states that so long as a board acts in good faith, within the scope of its authority and for the purposes of […]
House panel approves bill to create ombudsman, appeals process for HOA disputes (FL)
HB 1033 seeks to keep HOA disputes from reaching the courts. Floridians who tussle with homeowners associations (HOAs) could soon see a few more layers of process before anyone gets fined or goes to court under a bill approved Thursday by the House Regulatory Reform Subcommittee. Read the entire article……………………………….
How to Avoid Conflict with Owners Over Architectural Guidelines
I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing […]
How Should The HOA Deal With Neighbor Harassment
Neighbor harassment can happen anytime and anywhere, even in your community. Having an HOA harassment policy can prevent these incidents from occurring. It also gives your board a clear path to follow in case there is harassment in a community. Whether your association is big or small, you need to have a plan. Here’s how […]
Legislative Changes Opens the Door to New Options for Resolving ‘Disputes’ In Condominium and Cooperative Associations (FL)
Earlier this year, the Florida legislature passed changes to Florida’s Condominium Act (Chapter 718) the Cooperative Act (Chapter 719), and the Homeowners Association Act (Chapter 720), Florida Statute. These amendments went into effect on July 1, 2021 and opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit […]
Disputes Involving Party Walls and Fences (GA)
Homeowners often look to their community association for help with resolving a dispute with a neighbor. But if the issue involves a party wall or fence (i.e., with no common property in between), there may not be much the association can do. The first step—as in most cases—is to see what the association’s governing documents […]
Community Association Statutory Pre-suit Alternative Dispute Resolution Requirements (FL)
The question has been presented time after time, are we really required to participate in either a nonbinding arbitration or mediation prior to filing a lawsuit? The answer is not as simple as it seems. Read the entire article……………………………….
Dealing With Difficult People In Your Homeowner’s Association
Living in a homeowner association, there is likelihood of running into someone that is, how should we say it, less than happy. We all have to deal with difficult people at some point. Some focus on what they don’t like about a person (loudmouth, condescending tone, etc) and then hope they will change. Not surprisingly, […]
Disagreements with your condo or homeowners association in Maryland
You live in a homeowners association (“HOA”) or a condominium (“condo”) and you want to build a shed or put up Halloween decorations outside your unit. So, you build that shed or you put up orange lights and a pumpkin on your balcony. The next thing you know, the HOA or condo board has sent […]
Top 3 reasons to Mediate and NOT Litigate!
When a dispute arises there are a few different ways to handle it. In some difficult situations solving this dispute in court is the best solution but there are drawbacks. Litigation is expensive, time-consuming, stressful and unpredictable; it disrupts people’s lives and damages relationships; and it produces results that are rarely satisfying. In situations where […]
Six Tips for Avoiding Disputes with Your Master Homeowners Association (MI)
It is not uncommon for condominiums and homeowners associations that are located within close proximity to each other to be part of a master homeowners association. Community associations that share and utilize certain property and resources generally are organized in one of two frameworks: (1) sub-associations that manage their own individual communities with an overarching […]
How to resolve HOA disputes (MD)
Disputes involving HOAs, also known as homeowners’ associations, in Maryland are more common than you realize. No matter what type of community you manage, it’s likely that some people may not get along or object to something happening within your borders. Because of this possibility, you should have a strategy to deal with HOA disputes. […]